Case No 42/2010. Case: In Re: M/s. BPTP Ltd. and Ors. Vs. Competition Commision of India

Case NumberCase No 42/2010
IssueCompetition Act, 2002 - Sections 3, 4, 19 and 26(1)(2)
Citation2011 CompLR 43 (CCI)
Judgement DateDecember 16, 2010
CourtCompetition Commision of India

Judgment:

  1. The present information has been filed under Section 19 of the Competition Act, 2002 (the Act) against M/s. BPTP Ltd. (hereinafter referred as Party No. 1) & Others, who are engaged in the business of developing Business Parks and Residential Townships, for the alleged abuse of dominant position. The Parties No. 2 to 9 are the Directors of the Party No. 1.

  2. The facts of the case, in brief, are as under:

    2.1 The Information provider has submitted that the Party No. 1 is engaged in the construction of residential apartments and Villa and invites public to purchase the apartments and Villas constructed by it.

    2.2 As per the information provider, on the basis of the representation made in the advertisement issued by the Party No. 1 he applied for registration of Villa measuring 225 sq. yds. in the project of Party No. 1, namely "Park Land" at Faridabad and had made an advance payment also to Party No. 1. As per the information provider, he had made subsequent payments in respect thereof.

    2.3 The information provider has alleged that the Party had delayed in handing over of the possession of Villa and the information provider on making an enquiry came to know that the Party has already abandoned the project. On enquiry, the Party No. 1, vide letter dated 23.03.2010, provided to the information provider various options like exit option, re-allotment option etc.

    2.4 It has been alleged by the Information provider that the Party No. 1 was never the owner of the piece of land on which they were selling as Apartments and Villas.

    2.5 He alleges that the Parties are abusing their dominant position and imposing unfair and discriminatory condition on him for the return of the money deposited towards purchase of Villa from Party No. 1.

    2.6 The information provider, in support of his allegation regarding dominant position of Party No. 1, had filed with Commission Draft Red Herring Prospectus on 22.11.2010 and submitted that the BPTP Limited, in its Draft Red Herring Prospectus, has claimed itself being the largest Real Estate Company in Faridabad. The information provider has emphasized that the Party No. 1 being the largest Real Estate Company in Faridabad is in dominant position in Faridabad. He has also filed written submissions dated 13.12.2010 in which he has, with reference to the Red Herring Prospectus of BPTP, reiterated that the claim of BPTP Ltd. regarding it being the largest Real Estate Company in Faridabad be taken into account...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT